Topic
Retaliation
1,387 published works
Labor Law Prof Blog
SCOTUS grants cert in retaliation mixed motives case
On Friday, the Supreme Court granted cert in University of Texas Southwestern Medical Center v. Nassar to address mixed motives in retaliation cases. Here is the question cert was granted…
Employment & Labor
And The Drum Beat Continues – Another Court Finds The EEOC’s Pre-Litigation Conciliation Efforts Insufficient
By Courtney Bohl and Laura J. Maechtlen In yet another case regarding the sufficiency of the EEOC’s pre-litigation conciliation efforts, Judge Marcia Kriger of the U.S. District Court for the…
Proskauer Whistleblower Defense
Political Affiliation & Protected Speech Retaliation – Sixth Circuit Widens Circuit Split
By Michael J. Graham, Steven J. Pearlman
The Sixth Circuit recently held that Michigan state employees could base First Amendment political-affiliation and protected-speech retaliation claims on their perceived political affiliations, even absent actual affiliations with the party…
Understanding the ADA
Some thoughts on retaliation and the ADA
42 U.S.C. § 12203(a) prohibits retaliation against an individual opposing any act or practice that violate the ADA or because the individual made a charge, testified, assisted, or participated in…
San Antonio Employment Law Blog
Southside ISD Trustee Loses Trial
Alma Guzman-Estrada worked for Southside Independent School District for 30 years. She was fired. She sued Southside ISD for discrimination and retaliation. Then she was elected to the school board.…
Train Law Blog
ARB Rules The Mere Filing Of A Charging Letter Constitutes FRSA Adverse Action
The old English Common Law had a phrase for the argument: "de minimis non curat lex" ("the law does not concern itself with trifles"). But unfortunately for American railroads, the…
Proskauer Whistleblower Defense
“Associational Retaliation” Actionable, But Claim Still Booted
By Amanda Wiley, Steven J. Pearlman
The U.S. District Court for the Northern District of Illinois granted a company summary judgment on an “associational retaliation” claim brought under Title VII by a temporary worker claiming the company…
Proskauer Whistleblower Defense
Key Indicia Of Retaliation In FLSA Action
By Rachel Fischer, Steven J. Pearlman
The U.S. Court of Appeals for the Seventh Circuit recently denied an employer’s motion for summary judgment in a closely watched FLSA retaliation case based on circumstantial evidence of a…
San Antonio Employment Law Blog
School Trustee Sues Her Former Employer
I wrote about this case previously here. A woman filed an EEOC charge but was then elected to the school board of the employer against whom she had filed. Alma…
EEOC Year-End Countdown
Boys Will Be Boys: Court Refuses To Expand Liability For Off-Color Badgering And Horseplay Despite EEOC’s Hardball Litigation
By Christopher DeGroff and Julie G. Yap As this blog recently reported, the EEOC has reduced the amount of cases it filed in its last fiscal year, and appears to…